Bill Text: NY C00169 | 2021-2022 | General Assembly | Introduced


Bill Title: Terminates the provisions of Executive Order number 202.74 issued by the Governor pursuant to section 29-a of the Executive Law

Spectrum: Partisan Bill (Republican 38-0)

Status: (Introduced - Dead) 2021-04-19 - referred to governmental operations [C00169 Detail]

Download: New_York-2021-C00169-Introduced.html

Assembly Resolution No. 169

BY: M. of A. Barclay

        CONCURRENT RESOLUTION OF THE SENATE AND THE ASSEMBLY
        terminating the provisions of Executive Order number
        202.74  issued  by  the Governor pursuant to section
        29-a of the Executive Law

  WHEREAS, the Governor was given the authority pursuant to  Executive
Law section 29-a by Executive Order to temporarily suspend or modify any
statute,  local  law,  ordinance,  order,  rule, or regulation, or parts
thereof, of any agency during a state disaster emergency  if  compliance
with  such  statute,  local  law,  ordinance, order, rule, or regulation
would prevent, hinder, or  delay  action  necessary  to  cope  with  the
disaster  emergency or if necessary to assist or aid in coping with such
disaster, and  to  issue  any  directive  during  a  disaster  emergency
necessary to cope with the disaster; and

  WHEREAS, Executive Order number 202.74 of 2020 temporarily suspended
or modified, and directed:

  Executive  Order  202.3,  as extended, and Sections 105 and 106 of the
Alcoholic Beverage Control Law, to the extent necessary to require that:
all businesses that are licensed by the  State  Liquor  Authority  under
sections  63  and  79  of  the  Alcoholic  Beverage Control Law ("liquor
stores" and "wine stores") shall cease all off premises sales and  close
at  or  before  10:00PM,  and  shall  not  reopen before existing county
opening hours permit, and; all businesses that are licensed by the State
Liquor Authority for on premises service of alcoholic  beverages,  shall
cease  all  on  premises  service  and consumption of food and beverages
(including alcoholic beverages), inside or outside, at or before 10:00PM
and shall not reopen before the later of any stipulated opening hours or
existing county  opening  hours  permit;  further,  to-go  and  delivery
service  of food, and non-alcoholic beverages only, may continue at such
business licensed for on premises  service  until  the  earlier  of  any
stipulated closing hours or existing county closing hours permit.

  All  restaurants,  irrespective of whether such restaurant is licensed
by the State Liquor Authority, shall cease in-person dining at  10:00PM,
but  may continue curbside takeout and delivery service after 10:00PM so
long as otherwise permitted, and may reopen no earlier than 5:00AM.

  Any gym or fitness center shall  cease  operation  and  close  to  the
public at 10:00PM, and cannot reopen until 5:00AM.

  The  directive contained in Executive Order 202.45, as extended, which
amended the directives in Executive Order 202.42,  202.38,  and  202.10,
that  limited  all non-essential gatherings to allow gatherings of 50 or
fewer individuals for any lawful purpose or reason, is  hereby  modified
only  insofar  as  to  further  limit  non-essential private residential
gatherings to 10 or fewer individuals for any lawful purpose or  reason,
provided  that  social  distancing,  face  covering,  and  cleaning  and
disinfection protocols required by the Department of Health are  adhered
to.

  WHEREAS,  the  State  Legislature  has the authority to terminate by
concurrent resolution Executive Orders issued under section 29-a of  the
Executive Law; now, therefore, be it

  RESOLVED, (if the &HOUSE concur), that Executive Order number 202.74
of  2020 making such temporary suspensions and modifications and issuing
such directives are hereby terminated.
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